Music Heather, this is Jonathan Ginsberg. I'm a Social Security Disability attorney, and today I'd like to talk to you about what you need to do to request a waiver of overpayment of benefits. Sometimes, Social Security will send you a letter stating that you've been overpaid. This often happens with SSI benefits, where you may become ineligible due to earnings or resources. In an SSDI case, it could be because you've exhausted your trial work period months without Social Security catching it in time. As a result, you continue working off and on while still collecting disability benefits. After two or three years, you may receive a letter stating that you owe $30,000, with a threat of prosecution if left unpaid. I believe that the overpayment letters need to be revised as they are very cut and dry, providing no options and can be a frightening experience for recipients. While I don't deal with overpayment issues frequently, people do call me about them. I have filled out a few overpayment request forms for a waiver. From my research, the most relevant factors seem to be your mental competence and effort to rectify the situation. If you have a mental health issue or severe pain that affects your attention and concentration, it could work in your favor. Additionally, showing that you made efforts to contact Social Security for clarification can help your case. The complexity of the problem, such as workers compensation offset or calculations of assets, may also be considered. Credibility and the potential hardship caused by not granting the waiver are other factors that a judge would take into account. It's important to note that partial waivers or the option to bankrupt on these overpayments exist, unless there is evidence of criminal fraud. If the administrative step of...
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Video instructions and help with filling out and completing Who Form 843 Overpayment
